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National Incomes and Pricing Commission Bill (H.B. 13, 2006)
Published in Government Gazette: October 27, 2006

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View the National Incomes and Pricing Commission Bill as amended 21 February, 2007

National Incomes and Pricing Commission Bill

MEMORANDUM

This Bill will establish a National Incomes and Pricing Commission whose mandate is to develop pricing models for goods and services produced in this country with a view to balancing the viability of producers and the incomes and welfare needs of the people of Zimbabwe.

In more detail the individual clauses of the Bill are as follows:-

Part I
Clause 1 sets out the Bill's short title and provides for its date of commencement.
Clause 2 defines the terms used throughout the Bill.

Part II
Clause 3 establishes the National Incomes and Pricing Commission. In terms of Clause 4 the Commission will be made up of at least five and not more than eight commissioners and these will be appointed by the President. The commissioners must be people who have knowledge and experience in industry, law, finance, labour, commerce and administration. The provisions relating to terms and conditions of office, vacation of office, filling of vacancies, meetings and procedures of the Commission are as set out in the First Schedule.

Clause 5 sets out the functions of the Commission, which include carrying out research for the work related to pricing and production in all sectors of the economy in order to come up with pricing policy models, to monitor price trends of goods and services, to consider and approve requests for price adjustments of monitored goods, to carry out inspections and any other functions authorised under the Bill.

Clause 6 provides for powers of the Commission and the Second Schedule lists the powers.

Clause 7 authorises the Minister to give policy directions to the Commission.

In Clause 8 contracts approved by the Commission may be entered into or executed on behalf of the Commission by persons authorised by the Commission.

The Commission is obliged in Clause 9 to prepared and submit reports of its activities to the Minister.

Part III
This Part provides for the Secretariat of the Commission which shall consist of the Chief Executive Officer and any other employees appointed in terms of this Bill. The Chief Executive Officer will be appointed by the Commission with the approval of the Minister under Clause 11. The terms and conditions of the Chief Executive Officer are also spelt out in the clause. The Commission will also employ people who are necessary to conduct the business of the Commission. Matters to deal with the suspension, discipline, or discharge of the employees will be dealt with by the Commission.

Part IV
The Commission will be funded by the State from moneys appropriated by an Act of Parliament under Clause 13. The Commission is authorised in Clause 14 to invest any moneys it does not immediately require subject to the Minister's approval. In Clause 15 the Commission is required to keep proper books of accounts and other records of its activities. Under Clause 16, the Commission will appoint registered auditors to audit the accounts of the Commission. Clause 17 provides powers of auditors and the Commission and all staff are enjoined to produce all information and records as may be required by the auditors for the purpose of the audit.

Part V
This Part deals with general provisions.
Clause 18 obliges any person to whom a notice has been served to provide information which the Commission may require and relating to an issue the Commission may be considering in pursuance of its functions authorised in terms of this Act.

In Clause 19 the Commission may designate any of its employees to be inspectors for the purpose of this Act and issue them with certificates which shall be produced upon demand by any interested person before carrying out any functions under this Act.

Clause 20 gives inspectors powers of entry and inspection upon any premises where there is reasonable suspicion that there are any violations prohibited in terms of this Bill being done. Persons found guilty will be liable to pay a fine not exceeding level twelve or imprisonment not exceeding three years or both such fine and such imprisonment.

Clause 21 makes it an offence for any person carrying on the business of selling goods to refuse to sell the goods upon tender of immediate payment of the maximum price or falsely denies that he or she has the goods or fails to expose them for sale. Every wholesaler or retailer is obliged under Clause 22 to display the price of goods offered for sale. A fine not exceeding level ten or imprisonment not exceeding two years will be imposed on those found guilty.
Conditional selling not ordinarily authorised is prohibited under Clause 23 and attracts a fine not exceeding level fourteen or imprisonment not exceeding five years for those found guilty.

Clause 24 requires all employees working under the Commission to keep secret all information and documents coming to their knowledge in the course of their functions.

Under Clause 25, no liability will attach to the Commission or any employee of it for any loss or damage incurred by any person as a result of the actions done in good faith by the Commission or its employees in carrying out its functions under this Bill except in circumstances of negligence.¹

Clause 26 creates offences for certain contraventions under the Bill. Persons found guilty of the offences will be liable to pay a fine not exceeding level fourteen or imprisonment not exceeding five years.

Clause 27 gives the Commission power to make by-laws with the approval of the Minister necessary in order to give effect to or carry out the provisions of this Bill.

Clause 28 makes a few amendments to the Control of Goods Act and to the general regulations made under that Act to harmonise the provisions of the Bill with those of the existing Control of Goods Act and the regulations.

National Incomes and Pricing Commission Bill

Arrangement of Sections

PART I
PRELIMINARY
1. Short title and date of commencement.
2. Interpretation.

PART II
NATIONAL INCOMES AND PRICING COMMISSION
3. Establishment of National Incomes and Pricing Commission.
4. Composition of Commission.
5. Functions of Commission.
6. Powers of Commission.
7. Policy directions.
8. Execution of contracts and instruments by Commission.
9. Reports of Commission and supply of information to Minister.

PART III
SECRETARIAT OF COMMISSION
10. Secretariat of Commission.
11. Chief Executive Officer.
12. Employees of Commission.

PART IV
FINANCIAL PROVISIONS RELATING TO COMMISSION
13. Funds of Commission.
14. Investment of moneys not immediately required by Commission.
15. Accounts of Commission.
16. Audit of Commission's accounts.
17. Powers of auditors.

PART V
GENERAL
18. Power to obtain information.
19. Inspectors.
20. Powers of entry and inspection.
21. Refusal to sell goods.
22. Display of prices of goods on sale.
23. Conditional selling.
24. Preservation of secrecy.
25. Exemption from liability for Commission.
26. General offences and penalties.
27. Regulatory powers of the Commission.
28. Amendment of Cap. 14:05 and S.I. 334 of 2001.

FIRST SCHEDULE: Provisions applicable to the Commission.
SECOND SCHEDULE: Powers of Commission.

PRESENTED BY THE MINISTER OF INDUSTRY AND INTERNATIONAL TRADE

BILL

To establish a National Incomes and Pricing Commission and to confer powers on functions on such a Commission in relation to incomes and pricing issues; to regulate the implementation of policies related to the determination of incomes and prices; to amend the Control of Goods Act [Chapter 14:05]; and to provide for matters connected therewith or incidental thereto.

ENACTED by the President and the Parliament of Zimbabwe.

PART I
PRELIMINARY

1 Short title and date of commencement
(1) This Act may be cited as the National Incomes and Pricing Commission Act [Chapter 14:32].
(2) This Act shall come into operation on a date to be fixed by the President by statutory instrument.

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1 Clause 25 actually excepts "loss or damage … caused by gross negligence or fraud". Veritas

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